NAME: CAÑALITA, ANDREW PHILIP P.

Assignment 3
*This will serve as your notes for our online discussion and can be used as a reference for future use
so please take the time to comply

1. Provide the elements of Rebellion.

The elements of rebellion are as follows: I) public uprising. 2) taking arms against the constituted

power or the Government. 3) that the purpose of the uprising or movement be to remove from the

allegiance of the said Government or its laws, the territory of the Philippines or any part thereof.

2. Provide the rule on the complexing of Rebellion.

Rebellion can now be complexed with common crimes – killings, and/or destructions of property,

even though committed by rebels in furtherance of rebellion, shall bring about complex crimes of

rebellion with murder/homicide, or rebellion with robbery, or rebellion with arson.

3. Differentiate Rebellion from Treason.

Rebellion is the attempt to overthrow or replace your government

4. Differentiate Treason from Rebellion.

Treason is any action that adversely affects your government's interests in a significant way.

betraying one's own country.

5. Differentiate Rebellion from Sedition.

A systematic instigation to rebellion or civil disorder against authorities or the government,

generally by speech or writing.

6. Provide the elements of coup d etat.

The crime of coup d'etat is a swift attack, accompanied by violence, intimidation, threat, strategy or

stealth, directed against duly constituted authorities of the Republic of the Philippines, or any

military camp or installation, communications networks, public utilities or facilities needed for the

exercise and continued possession of power, singly or simultaneously carried out anywhere in the

Philippines by any person or persons, belonging to the military or police or holding any public office

or employment, with or without civilian support or participation, for the purpose of seizing or

diminishing state power.

7. Provide the elements of Conspiracy and Proposal to Commit Rebellion, coup d etat or

insurrection.

Acts punished and their respective elements: (1)Conspiracy to commit coup d'etat, rebellion or

insurrection. (a) Two (2) or more persons come to an agreement to swiftly attack or to rise publicly

and take arms against the Government for any of the purposes of rebellion or insurrection; (b)They

decide to commit it.

8. Differentiate Conspiracy and Proposal in the context of Criminal Law.

Conspiracy exists when two or more persons come to an agreement concerning the commission of

a felony and decide to commit it There is proposal when the person who has

decided to commit a felony proposes its execution to some other person or persons.
9. Provide the elements of Disloyalty of Public Officers and Employees.

The penalty of prison correctional in its minimum period shall be imposed upon public officers or

employees who have failed to resist a rebellion by all the means in their power, or shall continue to

discharge the duties of their offices under the control of the rebels or shall accept appointment to

office under them.

10. Provide the elements of Inciting to rebellion or insurrection.

1. Offender does not take arms or is not in open hostility against the Government; 2.He incites

others to the execution of any of the acts of rebellion specified in Article 134 of the Revised Penal

Code; 3. The inciting is done by means of speeches, proclamations, writings, emblems, banners or

other.

11. Provide the elements of Sedition.

-Article 139 states that sedition is committed by those rising publicly and tumultuously to prevent, in

a forceful, intimidating or illegal way, the execution of a law, administrative order, or a popular

election; to obstruct the government or any public officer from freely.

12. Differentiate Sedition from Rebellion.

Sedition is organized of the rebellion that against their authority of the state while Rebellion is

established a government or ruler that supporting the enemy of a government.

13. Differentiate Sedition from Coup d etat.

Sedition is an act inciting revolt or violence against lawful authority while Coup d etat is swift attack

to accompained by violence directly against the authorities of Republic of the Philippines.

14. Differentiate Sedition from Treason.

The act of plotting or conspiring constitutes sedition. The act of treason occurs when action is taken,

but direct action against the government is not the only way to commit treason.

15. Provide the elements of Inciting to Sedition.

Sedition often includes subversion of a constitution and incitement of discontent toward, or

insurrection against, established authority

16. Provide the elements of Articles – 143, 144,145, 146, 147 of the RPC

Article 143 Elements

-That there be a projected or actual meeting of Congress or any of its committees or subcommittees,

constitutional commissions or committees or division thereof, or of any provincial board or city or

municipal council or board

-That the offender who may be any persons prevents such meeting by force or fraud

Article 144 Elements

-That there be a meeting of Congress or any of its committees, constitutional commissions or

committees or divisions thereof, or of any provincial board or city or municipal council or board
-That the offender does any of the following acts 1.He disturbs any of such meetings

2 He behaves while in the presence of any such bodies in such a manner as to interrupt its

proceedings or to impair the respect due it

ARTICLE 145

-That the offender is a public officer or employee

-That he arrests or searches any member of Congress

-That Congress, at the time of arrest or search, is in a regular or special session

-That the member searched has not committed a crime punishable under the code by a penalty

higher than prision mayor (1987 constitution: privilege from arrest while congress in session in all

offenses punishable by not more than 6 years imprisonment).

ARTICLE 146

-the organizers or leaders of the meeting

-persons merely present at the meeting (except when presence is out of curiosity – not liable)

-if they are not armed, penalty is arresto mayor

-if they carry arms, like bolos or knives, or licensed firearms, penalty is prision correccional

-purpose of the meeting is to commit acts punishable under the RPC

-considered as leader or organizer of the meeting

 ARTICLE 147

-Organized totally or partially for the purpose of committing any of the crimes in RPC

-Or for some purpose contrary to public morals

-founders, directors and president of the association

-mere members of the association

17. Differentiate the following: Public Officer, Persons in Authority, and Agents of a Person in

Authority.

Public Officer a person holding any public office in the Government of the Republic of the Philippines

by virtue of an appointment, election or contract, Person in authority is any person directly vested

with jurisdiction, whether as an individual or as a member of some court or government

corporation, board, or commission, including barangay captains; while Agents of a person in

authority is direct provision of law or by election or by appointment by competent authority, are

charged with the maintenance of public order and the protection and security of life and property,

such as barangay kagawads, barangay tanods.

18. Provide the elements or modes of commission of Articles 148, 149, 150, 151, 153, 154,155,

156, 157, 158, 159

ARTICLE 148

-(a) That the offender makes an attack,

 - (b) employs force

- (c) makes a serious intimidation, or makes a serious resistance.

-(d) That the person assaulted is a person in authority or his agent.

ARTICLE 149

1. Direct assault is committed against an agent of a person in authority;

2. The offended party comes to the aid of said agent of a person in authority;

3. Offender uses force or intimidation upon the said offended party.

ARTICLE 150

1. Refusing, without legal excuse, to obey summons of Congress, or any commission or committee

chairman or member authorized to summon witnesses;

2. Refusing to be sworn or placed under affirmation while before such legislative or constitutional

body or official;

3. Refusing to answer any legal inquiry or to produce any books, papers,documents, or records in

his possession, when required by them to do so in the exercise of their functions;

4. Restraining another from attending as a witness in such legislative or constitutional body;

5. . Inducing disobedience to summons or refusal to be sworn by any such body or official

ARTICLE 151

1. That a PA or his APA is engaged in the performance of official duty or

gives a lawful order to the offender;

2. That the offender resists or seriously disobeys

Such person in authority or his agent;

 4. That the act of the offender is not included in the provisions of Arts.

ARTICLE 152

That an APA is engaged in the performance of official duty or gives a lawful order to the offender

2. That the offender Disobeys such APA;

3. That such disobedience is not of a serious nature.

ARTICLE 153

1. Causing any serious disturbance in a public place,office or establishment

2. . Interrupting or disturbing public performances,functions or gatherings, or peaceful meetings, if

the act is not included in Arts. 131-132;

3. Making an outcry tending to incite rebellion or sedition in any meeting, association or public
place;

4. Displaying placards or emblems which provoke a disturbance of public order in such place;

5. Burying with pomp the body of a person who has been legally executed

ARTICLE 154

1. Publishing or causing to be published as news any false news which may endanger the public
order,or cause damage to the interest or credit of the State;

2. Encouraging disobedience to the law or to the constituted authorities or by praising, justifying

or extolling any act punished by law, by the same means or by words, utterances or speeches;

3. Maliciously publishing or causing to be published any official resolution or document without

authority,or before they have been published officially;

4. Printing, publishing or distributing (or causing the same) books, pamphlets,periodicals, or

leaflets which do not bear the real printers name, or which are classified as anonymous

ARTICLE 155

1. Discharging any firearm,rocket, firecracker, or other explosive within any town or public place,
which produces alarm or danger

2. Instigating or taking an active part in any charisma o other disorderly meeting offensive to
another or prejudicial to public tranquility

3. Disturbing the public peace while wandering about at night or while engaged in any other
nocturnal amusements
4. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided

ARTICLE 156

1. That there is a person confined in a jail or penal establishment;

2. That the offender removes such person,or helps the escape of such person.

Committed in two ways:

1. By removing a interconnected in jail or penal institution Ð to takeaway a person from

confinement with or without the active participation of the person released

2. By helping said person escape furnish material means to facilitate escape

ARTICLE 157

1. That the offender is a convict by final judgment;

2. That he is serving his sentence, which consist sin deprivation of liberty;

3. That he evades the service of his sentence by escaping during the term of his sentence.

Circumstances qualifying the offense:

1. By means of unlawful entry by scaling;

2. By breaking doors,windows, gates, walls,roofs or floors;

3. By using pick locks, false keys, disguise, deceit,violence, or intimidation;

4. Through connivance with other convicts or employees of the penal institution

ARTICLE 158

1. That the offender is a convict by final judgment, and is confined in a penal institution;

2. That there is disorder,resulting from:a. Conflagration,b. Earthquake,c. Explosion,d. Similar

catastrophe,e. Mutiny in which he has not participated;

3. That the offender leaves the penal institution where he is confined, on the occasion of such
disorder or during the mutiny;

4. That the offender fails to give himself up to the authorities within 48 hrs.following the issuance
of a proclamation by the Chief Executive announcing the passing away of such calamity

ARTICLE 159

1. That the offender was a convict;

2. That he was granted a conditional pardon by the Chief Executive;

3. That he violated any of the conditions of such pardon.

19. Define Quasi –Recidivism (give examples).

Quasi-recidivism is a special aggravating circumstance where a person, after having been convicted

by final judgment, shall commit a new felony before beginning to serve such sentence, or while

serving the same. He shall be punished by the maximum period of the penalty prescribed by law for

the new felony. The penalty is justified because of the perversity and incorrigibility of the offender.

EXAMPLE:

BEN IS ALREADY CONVICTED AND SERVING HIS SENTENCE IN THE JAIL, WHILE SERVING HIS

SENTENCE IN THE JAIL HE COMMIT ANOTHER MISTAKE THAT CAN BE PUNISHABLE BY THE RPC.